United States Eighth Circuit
CRAIGHEAD ELEC. COOP. CORP. v. CITY WATER AND LIGHT PLANT OF JONESBORO, 01-2048
On appeal from court-ordered taking of a public utility's operation, when two state statutes concerning utilities are in conflict, one that prohibits the ouster of a public utility from an area, and a later one that allows municipal utilities to condemn electric cooperatives, the latter law controls due to time of passage and because it is the more specific statute. Thus, the order permitting the taking of the cooperative is proper.
Appellate Information
- Decided 01/30/2002
- Published 01/30/2002
Judges
- MORRIS SHEPPARD ARNOLD, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, BEAM, and RILEY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- R. James Lyons, Jonesboro, AR, argued, for appellant.
- For Appellees:
- D. Price Marshall, Jonesboro, AR, argued (Ralph W. Waddell, Jonesboro, AR, Robert C. McDiarmid and Larissa Shamraj, Washington, DC, Zachary David Wilson, Little Rock, AR, on the brief), for appellee.